WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 14

Oct 29, 2018

Question #104: GROUNDS My husband separated from me 3 times for a period of 1 year the first two times and going on 2 years the 3rd time. He separated from me March 2005 after I gave birth 5 months prior. Within the last 3 months we have had martial relations, but no discussion of reconciling. He has told me that it’s over, he doesn’t want to come back. I already obtained custody of our daughter and already obtained a support order, which he has been paying. My question is: Can I file for divorce with grounds of constructive abandonment? Or does the fact that we had sexually relations terminate those grounds? Will I have to wait a period of time (1 yr) without sexually relations with him in order to use this grounds for our divorce, or are their any other options. Thanks for any advice.

You cannot use the grounds of Constructive Abandonment if you are continuing to have sexual relations together. You, however, can use other grounds that will allow you to file for divorce immediately. If you are living in the NYC metro area, give me a call at 212-370-1660 to arrange for an appointment to discuss the […]

Oct 29, 2018

Question #103: I dissolved my divorce in the United States but my ex is in a foreign country. My question is if this divorce is valid in that country or I may have to request a new divorce there. Please, I am concerned I might have problems there. Please let me know. thank you.

In order to answer your question , I would have to see exactly what you are referring to as “dissolved ” you divorce. In which state in the US did you receive the divorce? Do you have a judgment of the divorce signed by a judge, and was it filed in the proper place? You […]

Oct 29, 2018

Question #102: JURISDICTION My husband and I were married 16 months ago in NY. We both lived in NY at the time. Five months ago he abandoned me, moving to DC. We both lived in DC before our marriage (not together), although I was a student and NY domiciliary throughout my time there. I have not lived in DC for 2 1/2 years or been there otherwise except for a visit 5 months ago. He wants to petition for divorce in DC, because he can do so more quickly and because he does not have grounds against me in NY. Although there are no significant marital assets in contention, I do not believe that he is entitled to anything because he abandoned me. Moreover, I am the primary breadwinner, and I do not want to be responsible for paying him alimony. I recognize that his domicile in DC gives them grounds to end our marriage, but, if I do not participate in the proceedings, will they have grounds to obtain any of the assets in my possession in NY or to force me to pay alimony?

I do not know what the jurisdictional requirements are in DC, and perhaps five months is sufficient for him to file for divorce, although it seems a little short. In order to prevent the case from being heard in DC, you should file for divorce first in New York on the grounds of abandonment. New […]

Oct 29, 2018

Question #101: I got married in CA , march 22, 2002. Since then my husband lost his job twice. In 3 years I have stayed 7 months + 9 months together. He has returned to his home country since April 2004. We both are unhappy with the way things are. He often exhibits violent rage, which makes me afraid to stay with him. He now does not plan to return any more. I want to move on with my life. I will be moving to NY soon. Where & when can I file for separation?

Every state has different residency requirements before it will hear a divorce or separation matter. When you move to NY, please call me at 212-370-1660 to discuss the matter at greater length. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #100: I live in Long Island, NY. I was married in Sept. 00 in New york. I have 3 children with him. In january of 01 my husband was sent to prison for 2 years and 6 months. He was released and went to live with his mother because he did not want to take care of his kids. 2 months later he was sent back to prison for a year. During that time I filed for a divorce. When he came back out he was abusive physically and verbally when he realized that I filed for divorce. On 2 occasions I called the police and I have an order of protection against him. He has since come and gone back to jail and he will be released in 08. Under what grounds could I file since he has not been in jail for consecutive 3 years? Could I file for just abandonment?

You cannot use the 3 year incarceration grounds, or the abandonment grounds , since the abandonment was les than 1 year, but you may try using the “cruel and inhuman treatment ‘ grounds since you claim he is both physically and verbally abusive. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #99: Question: My sister lives in upstate N.Y. near where we grew up. She has been married for 37 years still living in the same area. After her husbands many affairs and the most recent one lasting over 2 years she could no longer keep her sanity and moved out. She had asked him to leave for months and he refused. He seems to be in no hurry to get a divorce because he “can have his cake and eat it too.” He resides in their family home. She only makes $215 a week and is finding it difficult to make ends meet. She talks of getting a divorce, but can not afford one. If she filed for the divorce could the courts make him pay for it? Also, what are the repercussions if she waits to file for a divorce? Someone told her she would lose everything if she did not get it over with. Can this be true? Is there a waiting period before she can file for a divorce or before a divorce is final? Thank you so much for your help.

If your sister is unable to pay for an attorney, the court will force her husband to pay for her attorney . I am not aware of any repercussions for waiting to file for a divorce. I do not understand exactly what your concern is. With regard to the waiting period of a year before […]

Oct 29, 2018

Question #98: I am a citizen of France but have immigrated to the United States and are permanent residents in the United States. My husband left me 2 years ago to go back and live in France, although he still holds permanent residence status in the United States. He filed for divorce in France and I received a letter saying that I must go to French Courts. I do not know if the french courts are aware that I am permanently residing in the US. Do the French courts have jurisdiction? If I file for divorce in the US (California), will the US court have jurisdiction, even though my husband lives in France?

Each state has its own jurisdictional requirements. In New York for example, the residency requirement in order for the state of New York to have jurisdiction is anywhere between one and two years depending on the circumstances. You should check with the courts in California to see what the residency requirement is under California law […]

Oct 29, 2018

Question #97: I was abandoned by my husband 2 yrs ago in nys can i file a solo divorce and what is the price. and i have a 9 yr old boy that lives with me.

Yes, you can file for divorce if you are still living in NYS. Do you know how to contact your husband? You will have to servE him with a summons and complaint. My fee is $300 per hour; the total fee will depend on how many hours it takes to discuss all the issues, such […]

Oct 29, 2018

Question #96: Question: Can my husband and I file a Separation Agreement in New York and move to another Country, and after a year or more come back to New York and file for Divorce ???. My husband and I have been married and live in NY for 35 years. I am retiring and he retired already. I plan to make my residence in Sudamerica, his plans are the same. I donÂ’t want a divorce now, I want to give my husband one more opportunity and if doesnÂ’t work I want a Divorce. If the answer to my question is NO, how can I protect myself ??? I would like to divide all our assets before I leave, my husband is collecting two pensions (Defined Benefit Pension) and Social Security. Our assets are, 401K, IRA. Stocks and a house already paid.

In order for New York to retain jurisdiction in this matter, your legal residence must be in the state of New York. If you move to the other country permanently, you lose your legal status as a New York resident, but if you move there only temporarily, you may maintain your New York resident status. […]

Oct 29, 2018

Question #95: My boyfriend and I have been together for 2.5 years, his ” wife ” filed and he signed, seven years ago, seperation papers, there have never been any problems between them there children are taken care of, what has to be done to finalize this, it is mutual. Since she filed does she have to initiate the rest of the proceedings ar can he. Sh had the lawyer.

Assuming that the Separation Agreement was done properly, your boyfriend can file without waiting any longer. The preparation of the Divorce Papers should be done by an experienced attorney to make sure that it is properly prepared. These matters are too important to leave to self-help and mistakes may come back to haunt you many […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #103: I dissolved my divorce in the United States but my ex is in a foreign country. My question is if this divorce is valid in that country or I may have to request a new divorce there. Please, I am concerned I might have problems there. Please let me know. thank you.

Question #97: I was abandoned by my husband 2 yrs ago in nys can i file a solo divorce and what is the price. and i have a 9 yr old boy that lives with me.